Ohio extended its Stay at Home Order until at least May 1st. The global pandemic caused by Covid-19, also known as the Coronavirus, has heightened many clients’ interest in completing their wills and estate plans. I have received many questions from clients about the execution of estate planning documents while complying with the Stay at Home Order and social distancing requirements.
QUESTION: ARE YOU STILL TAKING ON NEW CLIENTS?
ANSWER: Yes. I am happy to accept new clients or work with existing clients who are interested in setting up or revising their estate plan. I am currently available to meet with clients virtually from the safety and convenience of their own home, while also complying with the orders from the State of Ohio, the City of Cincinnati, and Hamilton County.
QUESTION: WHAT IS REQUIRED TO EXECUTE A WILL IN OHIO?
ANSWER: Many states are working on electronic or remote signing laws. But in Ohio, the law today requires, “The will shall be signed at the end by testator…. The will shall be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe…. For purposes of this section, ‘conscious presence’ means within the range of any of the testator’s senses, excluding the sense of sight or sound that is senses by telephonic, electronic, or other distant communication.” R.C. 2197.03
QUESTION: WHAT IS YOUR PROCESS FOR DRAFTING AND WITNESSING WILLS DURING COVID-19
ANSWER: There are several steps in estate planning process.:
Initial meeting. For the first meeting, we can talk over the phone or use FaceTime or Zoom to host a video conference.
Information gathering. I use a detailed Estate Planning Questionnaire to help gather the necessary and relevant information. I will email or mail you my questionnaire, which can be completed as a fillable-PDF or you can handwrite the information. You can either email or mail the completed questionnaire back to me.
Document drafting. I will then take your information and complete a draft of the documents. I can securely email you the draft documents for your review.
Will signing. I will ensure that appropriate social distancing of at least 6 feet is used at all times. There are several options for the actual signing. For example, the clients may be on the other side of a glass door or window, in the safety and comfort of their own home. If a glass separation is not possible, we can meet on a driveway or front porch, place the documents in a central location, and essentially take turns signing. The client signs while the witnesses are a safe distance apart, then the clients steps back and the witnesses each safely sign.
QUESTION: WHAT OTHER DOCUMENTS ARE IMPORTANT?
ANSWER: A full estate plan is more than a simple will. Depending on your circumstances, it could also include a Revocable Living Trust. I recommend that everyone, no matter your family situation, should have the following in place:
Healthcare Power of Attorney: This allows you to select an agent to make and communicate healthcare decisions if you are not able to do so yourself.
Living Will: This works hand-in-hand with the Healthcare Power of Attorney, but largely involves end of life decisions. It allows you to instruct your agent about your specific desires and preferences.
Durable Financial Power of Attorney: This allows you to appoint an agent to help with your financial affairs, including paying your bills, managing your money, and talking to your banks and financial institutions.
QUESTION: HOW BEST TO CONTACT ME?
ANSWER: Like millions of other Americans, I am largely working remotely now. But I am available by phone or text at 513-815-7006, or by email at mccarthy@danmccarthylaw.com. Please contact me to help with your planning needs.
Nobody wants to talk about their potential demise. But it is a necessary process. I make estate planning as painless as possible and will explain the entire process in easy to understand language without judgment. My job is to help you create documents that will take care of your needs and to give you peace of mind.
An estate plan is necessary for everyone, regardless of income or assets to minimize costs, confusion, and stress for loved ones after a death. Your estate plan should contain the following:
1. Last Will. While everyone should have a will, this is just one of the fundamental building blocks of a complete estate plan. In your will, you will direct who receives your property and assets. This is also where parents with minor children appoint a guardian in case both parents die while the children are minors.
2. Living Trust. A living trust, like a will, can dispose of your property upon death. But unlike a will, a trust can help avoid probate. Why avoid probate? Doing so reduces costs, transfers assets in a more timely manner, and keeps your affairs private. A living trust is particularly beneficial for those with minor children, out-of-state assets, or blended families.
3. Durable Power of Attorney. A durable power of attorney allows someone else to make financial and legal decisions if a person becomes hospitalized, disabled, or otherwise incapacitated.
4. Healthcare Power of Attorney and Living Will. These two documents work together to give a loved one the power to make medical decisions if you are unable to do so yourself. You give your agent specific directions and instructions about your medical wishes. The difference between the two is that a living will involves end of life decisions only.
4. Updated beneficiary forms. Beneficiary designation forms on life insurance policies, 401(k) accounts and other assets will generally override any conflicting provisions in a will or trust. It is essential to make sure all beneficiary designation forms are checked and regularly updated.
Please call me at 513-815-7006 or email me at mccarthy@danmccarthylaw.com so I can help your family.
Despite widespread belief to the contrary, asbestos is not banned and remains legal in the United States. Exposure to asbestos takes the lives of nearly 40,000 Americans every year and leaves countless others with lifetime illnesses, such as mesothelioma and asbestosis. Filing an asbestos lawsuit is not a simple process, even under the best of conditions. No amount of money can buy a cure, but a lawsuit can help with medical bills and help ease the worry that medical bills are taking all of your family’s budget.
If you or someone in your family is suffering from asbestos exposure, you may be eligible to receive compensation from the manufacturers of asbestos products that cause mesothelioma and other diseases. McCarthy Law Office represents clients on a “contingency” basis, which means we will only collect a fee if you collect a settlement and we will help evaluate your case for free.
Please contact McCarthy Law Office at 513-815-7006 or mccarthy@danmccarthyalw.com for more information or to schedule a free, no obligation consultation to discuss your potential asbestos claim.
Car accidents are both physically and emotionally traumatic. If you are in a motor vehicle collision, you will likely have many questions. In my over 15 years of experience helping injured motorists, clients routinely ask several questions:
How much is my case worth? There are a number of factors that impact the value of a personal injury case. The type and severity of your injuries, the impact on your daily life, missed wages, your medical bills, future medical treatment, and diminished earning capacity are all important to determine the value of your case.
Should I just accept the insurance company’s offer? In a word: no. Insurance companies will often press for a quick settlement. But it is crucial that you not settle until you at least know the full extent of your injuries and hopefully complete treatment. There is no need to accept a quick settlement before calling an experienced attorney.
Why should I hire an attorney? Car accident cases can be complex and the aftermath of an accident can be overwhelming. I help ease the burden of dealing with the car insurance company, help coordinate payment of medical bills, negotiate subrogation payments, and of course, help maximize your recovery.
How does a contingency fee payment work? I handle all personal injury and car accident cases on a contingency fee basis. That means you do not have to pay me out of your pocket while the case is pending. The client is responsible for costs, such as the costs to obtain medical records, but I do not get paid unless and until there is a settlement or verdict.
The other driver did not have insurance. What now? A driver without insurance is known as an uninsured motorist (UM). A driver without enough coverage to fully compensate you is known as an underinsured motorist UIM). You may have UM/UIM coverage on your own car insurance policy. If you recover from your own insurance company through your UM or UIM coverage, Ohio law prohibits your carrier from raising your rates if your injuries were caused by the negligence of another driver.
Why call McCarthy Law Office? I have helped many Cincinnati area drivers recover for injuries caused by others. I will give your case personal attention and will keep you informed and updated throughout the case. You won’t pay me anything unless you win or settle. If you are injured in a car accident in Cincinnati, including the Westside, downtown, or anywhere in Hamilton County, please call my office at 513-815-7006 to arrange a free, no obligation consultation.
With the start of the New Year, it is as good of a time as any to sit down and assess your financial health and preparedness. Here is a quick checklist to help you knock this off your ever-increasing to do list:
Do you have a will? If not, get one. Everyone over 18 needs a will, especially if you have minor children.
Draft health care directives, including a living will and health care power of attorney. Make your health wishes known to your family and loved ones so they know exactly what you would want to happen in the case of a medical emergency or illness.
Review your life insurance coverage. Life insurance is often one of, if not the largest, asset in an estate. It is important to have adequate coverage to protect your family.
Update beneficiary designation forms. Assets that pass by beneficiary designation, such as life insurance, retirement accounts, transfer on death, and pay on death accounts do not pass under the terms of your will but by your beneficiary designation. Review your designations to be sure that they are consistent with your current plans.
Consult with a financial advisor. If you have a 401(k), an IRA, securities, 529 plans for college (or private high school now), make sure you are maximizing your investment strategies.
Review your appointments. If you already have a complete estate plan, do you need to change your executor, successor trustee, guardian, or health care agents? Do you have documents with all of those properly selected?
Is your plan current? When you have life changes, such as marriage, divorce, a new baby, or moving to a new state, you should review and update your documents.
Have the hard conversations. Nobody wants to talk about death and end of life decisions. Nobody wants to think about who would raise your children if something happened to both parents. But these are the conversations that are necessary. Let the people you want to serve in various roles know that you have named them in your documents.
Tell your family where your documents are stored. Once you go through the process to create your estate plan, store your plan in a safe place and make sure your family can get the originals easily.
Call an estate planning attorney. I do not charge for initial consultations for estate planning clients. If you need new documents or just a review of current documents, please call or email me today.
Having a will is one of the most important things you can do for yourself and your family. A will is one of the fundamental documents of an estate plan. An estate plan is simply your instructions stating who gets what you have and when they are to receive it. Whether you have drafted documents or not, everyone has an estate plan. If you do not draft your own plan, your assets will pass to your family through the plan the State of Ohio has set forth in the Ohio Revised Code.
When to plan Too many people do not plan at all. In fact, a majority of Americans do not have a will. If you do not already have a will or estate plan, you are not alone. If you are one of those without a will, the time to plan is now.
If you do have a will in place, it may be a good time to review your plan. I generally recommend clients review their documents every couple of years, but it is especially important after major life events, such as a recent marriage, divorce, new baby, or the purchase of real estate.
Minor children It is particularly important to plan if you have minor children. A will lets you express who you want to take care of your children. Without a will, the probate court will choose someone for you. Having a will allows you select the person you want to raise or children.
An estate plan starts with a will I find that most clients have a general idea of the various documents, but few know the specifics. I take the time to clearly explain the documents that I recommend for a full estate plan and walk you through your options. Everyone needs a will, but I also generally recommend additional documents, such as a durable power of attorney, health care power of attorney, living will, and potentially a living trust. I will explain the role that each document plays in your comprehensive estate plan and why you may want to consider each document.
Peace of mind Having a plan in place, with your specific instructions, provides peace of mind that your family is protected. Tomorrow is never promised. It is too easy to procrastinate on this vital task.
Get started The first step is to call, text (513) 815-7006 or email (mccarthy@danmccarthylaw.com) me. I will provide you with a short questionnaire to gather basic family information. I typically meet with my clients at least twice. At the first meeting, we discuss your family’s needs and options. I explain the various documents and make recommendations based on your specific situation. I then take your information and craft your plan. We will then meet to thoroughly review the documents and sign. The entire process can be accomplished in as little as a couple of weeks. I look forward to hearing from you and helping your family.
